Oak Creek coal-fired power plant, Wisconsin, September 8, 2020.
Brian Cassella Chicago Tribune | Getty Images
A federal appeals court on Friday struck down a Trump administration order forcing a coal-fired power plant in Michigan to continue operating beyond its scheduled retirement.
A unanimous decision by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit found that the Energy Department overstepped its authority under a rarely used emergency clause in federal law, according to court documents.
Michigan challenged the order after the DOE directed the plant to continue operating just before a planned closure in 2025.
The ruling is a setback for the administration’s efforts to preserve coal-fired power generation as U.S. electricity demand soars as data centers expand. Coal-fired power generation is one of the largest sources of carbon dioxide emissions that contribute to climate change.
Since 2025, the Trump administration has used emergency powers under the Federal Power Act to keep several aging power plants slated for retirement open, including coal-fired plants in Michigan, Indiana, Washington, and Colorado.
The DOE did not immediately respond to a request for comment.
The decision comes a month after the DOE extended an emergency order to keep the aging J.H. Campbell power plant open until Nov. 14.
The Consumers Energy plant was scheduled to close in 2025 because it was no longer economical. Continuing to operate under the order cost the utility $295 million between May 2025 and June 2026, according to the Michigan Attorney General’s Office.
Consumers Energy is reviewing the ruling, spokesman Brian Wheeler said.
“While that happens, we continue to follow the current Department of Energy 90-day order to continue operating the Campbell plant,” he said.
A spokeswoman for the Michigan attorney general did not respond to a request for comment.
“The Department of Energy should maintain the status quo and only use emergency powers in the event of a real emergency,” Michael Lenov, an attorney with the environmental group Earthjustice, said in a statement. “Blocking market-driven retirements of coal-fired power plants to advance coal-friendly policies is not an appropriate use of emergency powers.”
